1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On January 9, 2012, the Plaintiff purchased land B and its ground buildings (hereinafter collectively referred to as “instant real estate”), both land and its ground buildings (hereinafter referred to as “land and ground buildings”), and on February 8, 2012, the Plaintiff reported to the Defendant on February 8, 2012, that the Defendant succeeded to the right and duty of the permission to occupy and use the road for the access roads to the one-time neighborhood living facilities outside North-Gu C and nine parcels (hereinafter referred to as “instant occupancy and use permission”).

B. On June 9, 2015, the Defendant imposed the Plaintiff a road occupation charge of 4,144,250 won (hereinafter “instant occupation charge”) in 2015 on the premise that the Plaintiff occupied 514 square meters as a Jin and Access road for the said neighborhood living facilities according to the instant occupation permit.

(hereinafter “instant disposition”). C.

On June 19, 2015, the Plaintiff filed an objection against the Defendant on June 19, 2015, but was dismissed on July 10, 2015, and the Plaintiff filed an appeal with the Central Administrative Appeals Commission on September 23, 2015, but was dismissed on March 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 through 6 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the part of the Plaintiff’s assertion that actually occupied and used by the permission of this case among the access roads to the above neighborhood living facilities is not more than 30 square meters, the instant disposition that imposed the road occupation fee on the excessive part is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) On August 18, 200, A received the “permission (permission number E) permission for road occupancy and connection” from the Defendant as follows: The actual purpose of occupation and use of land outside North-gu C: The actual substance of land occupation and use: The actual substance of land use and use: the kinds of roads and route name of 717mm2: general national highways, national highways No. 7-2) A and three others around 2006, shall be the Defendant’s “Nando 7m2”, and the North-gu, North-gu, Nowon-gu, at the port of delivery.